Claiming deceased spouse IHT relief

raksha123

Hi, 

I am trying to get my head around IHT especially any unused relief from my deceased wife (Nov 2021)

She left everything to me, so no IHT relief used. I now read that I should have claimed her relief within 2 years of her death. My estate, currently possibly £700,000, will be left to my 2 sons. Will they have to pay IHT? Thanks

Keep_pedalling

I don’t know whare you read that but it is not true, so perhaps there is misunderstanding where you have 2 years to make a deed of variation.

On your death your executors will be able to claim the transferable NRB from your wife’s estate when completing the IHT return. Assuming you are also a home owner then they will also be able to claim the residential NRB so thee should be no IHT to pay. 

tacpot12

Keep_pedalling said:

I don’t know whare you read that but it is not true, so perhaps there is misunderstanding where you have 2 years to make a deed of variation.

On your death your executors will be able to claim the transferable NRB from your wife’s estate when completing the IHT return. Assuming you are also a home owner then they will also be able to claim the residential NRB so thee should be no IHT to pay. 

The OP has correctly read that you have to claim the relief two years from the death, but MISREAD whose death. It does not need to be claimed (and cannot be claimed) after the first death. It needs to be claimed two years after the second death.